Clarion Housing Association Limited v John Clifford

Clarion Housing Association Limited v John Clifford

The Defendant persistently breached the civil injunction order by repeatedly entering the prohibited property and area, despite being personally served and notified of the order and committal proceedings. The breaches were proven to the criminal standard. Given the Defendant's deliberate non-attendance and history of persistent breaches, an immediate custodial sentence of 3 months was imposed, with 7 days spent on remand to be deducted.

Parties
Claimant: Clarion Housing Association Limited; Defendant: Mr John Clifford
Jurisdiction
England and Wales
Judgment Date
14 February 2025
Procedural Posture
Committal Application for Breach of Civil Injunction / Final Judgment
Outcome
Immediate custodial sentence for contempt of court imposed.
Legal Topics
Committal for Breach of Injunction, Service of Process, Sentencing for Contempt
Civil Procedure Housing Law Contempt of Court Committal for Breach of Injunction Service of Process Sentencing for Contempt

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Parties

Clarion Housing Association Limited

Claimant

Mr John Clifford

Defendant

Procedural Posture

Committal Application for Breach of Civil Injunction / Final Judgment

Legal Issues

  1. 1 Whether the Defendant breached the civil injunction order
  2. 2 Whether proper service of committal application was effected
  3. 3 Appropriate sentence for persistent breaches of injunction

Ratio Decidendi

The Defendant persistently breached the civil injunction order by repeatedly entering the prohibited property and area, despite being personally served and notified of the order and committal proceedings. The breaches were proven to the criminal standard. Given the Defendant's deliberate non-attendance and history of persistent breaches, an immediate custodial sentence of 3 months was imposed, with 7 days spent on remand to be deducted.

Court Disposition

Immediate custodial sentence for contempt of court imposed.

Orders

  • Defendant committed to prison for 3 months for persistent breaches of injunction, with 7 days spent on remand to be deducted.
  • Claimant awarded costs summarily assessed at £4,488.50.